84R5521 PAM-D
By: Farias H.B. No. 1639
A BILL TO BE ENTITLED
AN ACT
relating to providing certain information to the public and to
purchasers of affected property regarding impact of certain
military airport operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 397, Local Government Code, is amended
by adding Section 397.007 to read as follows:
Sec. 397.007. PUBLIC INFORMATION REGARDING IMPACT OF
CERTAIN MILITARY AIRPORT OPERATIONS. (a) This section applies
only to an area located:
(1) within three miles of the boundaries of a
federally owned and operated military installation that includes an
airport and for which an Air Installation Compatible Use Zone Study
or Joint Land Use Study is prepared; and
(2) in a county:
(A) with a population of more than 1.5 million
that contains a municipality in which at least 75 percent of the
county's population resides; or
(B) with a population of 130,000 or more that is
adjacent to a county described by Paragraph (A).
(b) A county containing an area to which this section
applies shall work closely with the military installation adjoining
the area as necessary to obtain or create a map that is visually
useful in determining whether the area is located inside or outside
an accident potential zone, clear zone, or noise zone as designated
in the most recent Air Installation Compatible Use Zone Study or
Joint Land Use Study applicable to the military installation.
(c) The county shall work closely with the military
installation as necessary to update a map obtained or created under
this section.
(d) The county shall ensure that the following information
or a link to the information is publically available on the county's
Internet website:
(1) each map obtained or created and updated under
this section; and
(2) the most recent Air Installation Compatible Use
Zone Study or Joint Land Use Study applicable to each military
installation adjacent to an area to which this section applies.
SECTION 2. Section 5.008, Property Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) This subsection applies only to an area to which
Section 397.007, Local Government Code, is applicable. The seller
of residential real property described by Subsection (a) shall
include an additional disclosure item in the written notice given
to the purchaser of the property as required by this section that
must read substantially similar to the following:
This property is located within three miles of a
military installation that includes an airport. The
seller has reviewed publically available information
provided as required by Section 397.007, Local
Government Code, and identified the designation status
of the property based on that information as follows:
Write Yes (Y) or No (N) to each:
___ Accident potential zone
___ Clear zone
___ High-noise zone
SECTION 3. Section 5.008(b-1), Property Code, as added by
this Act, applies only to a transfer of property that occurs on or
after the effective date of this Act. A transfer of property that
occurs before the effective date of this Act is governed by the law
applicable to the transfer immediately before that date, and the
former law is continued in effect for that purpose. For the
purposes of this section, a transfer of property occurs before the
effective date of this Act if the contract binding the purchaser to
purchase the property is executed before that date.
SECTION 4. This Act takes effect September 1, 2015.